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UNIV. OF HOUSTON v. JIM OLIVE PHOTOGRAPHY

No. 01-18-00534-CV.

580 S.W.3d 360 (2019)

UNIVERSITY OF HOUSTON SYSTEM, Appellant, v. JIM OLIVE PHOTOGRAPHY, d/b/a Photolive, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Opinion issued June 11, 2019.

Attorney(s) appearing for the Case

Ken Paxton , Attorney General of Texas, Andrew B. Davis , Office of the Attorney General, P.O. Box 12548 (MC 059), Austin, TX 78711-2548, for Appellant.

David M. Gunn , Joe W. Redden, Jr. , Owen J. McGovern , Beck Redden LLP, 1221 McKinney, Ste., 4500, Houston, TX 77010, for Appellee.

Panel consists of Chief Justice Radack and Justices Higley and Hightower.

OPINION

In this interlocutory appeal from the trial court's denial of a plea to the jurisdiction, we must determine if a viable constitutional takings claim can be asserted when the State commits copyright infringement. We conclude that a governmental unit's copyright infringement is not a taking and that the...

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